中国古代出行的法律制度探析

The Study of the Traffic Law System in Ancient China

中国古代的先民在长期的社会实践中,总结出了许多有关出行的法律规则,如在城市中实行右侧通行,严禁在闹市区快速行走车马,在河流中行船实行逆流避下行等,这些交通规则蕴含丰富的生活哲理,有些交通规则一直延续至今。但是,中国古代出行的法律制度也有很多糟粕,如历代统治者为了维护尊卑贵贱的等级制度,以法律的形式规定对皇帝及官僚贵族的出行实行避让;为了防止民众夜间集会,严禁官民百姓夜间出行;为了把农民束缚在土地上从事农业生产,还以法律条文的形式对民众外出进行限制。对这些野蛮落后的措施,应加以摒弃和批判。

Ancient Chinese people put forward many traffic regulations from long-term social practice. For instance, keeping to the right on city roads,prohibition against traveling fast in downtown area; ships with the current go first when sailing in the river. Rich in life philosophy,some of these regulations are used even today. However,some of the traffic regulations in ancient China were quite inappropriate. For example,it was written in law by the rulers of every dynasty that ordinary people should give way to the emperor and the aristocracy so that strict social hierarchy can be maintained. Night travel was forbidden in case of mass rally. The travelling right of peasants was limited in form of law in order to tie them to the land for agricultural production. As to those inappropriate elements,we should discard and criticize them.